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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor.
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My wife has alcohol related problems, pled guilty to a

Customer Question

My wife has alcohol related problems, pled guilty to a charge of assault to injury (whilst drunk) and not guilty to threatening and abusive behaviour (accepted) sentencing deffered until Jan 5th (Scotland) for purpose of obtaining background reports. History in 2009 she was found guilty of similar incident, this is being considered because we left UK 2009 for Spain, in Spain she had multiple incidents the prosecution is of course unaware, in 2015 we returned summer, and there has been one incident with police called no action and one incident with charges. She told court she is primary carer for kids, then left the family home forcing me onto SSP, she did this to avoid conflict, it has caused issues, and I need her to be helped, we are on virtually no income, and a fine would cause problems, a suspended sentence do nothing, so how can I get the background info to right people and get her right help without custodial sentence, I'm dammed if I do dammed if I dont I would be wrong to supress information from cps side, and wrong from her side if I let them know. We have kids, and need her here where she can be assisted but of course dont need her reoffending when it blows over. What is likely sentence if I do nothing? (then there is a history but she could dismiss it as stress related instead of repeat behaviour, I cannot show I have pointed prosecution to correct overseas authorities where there is ongoing history). 2009, 2010, 2011, 2013, 2014 foreign police have documented her abuse of alcohol and myself, yet it is relevant.
Submitted: 11 months ago.
Category: Scots Law
Customer: replied 11 months ago.
I have documentary evidence of an ambulance intervention, in Spain, where I was called to the airport, to pick her up drunk when she failed to board a flight, the document in Spanish indicates she is known to them and has alcohol problems, then I also know that the authorities in one Spanish state wanted to force her to take an alcohol treatment program so we moved to another state, and this blew over, if we go back prior 2009, (in 2003, and 2007 there were two incidents in Germany documented by German Authorities, then in 2008 another incident in Gibraltar).. Joining the dots, she is a repeat offender and dodged the issue many times, if we had remained in UK, the outcome would invariably be different. So how do I get the information accross in anonymous way, but without it leading custodial or fine, something different is needed ie, medical help.
Expert:  JGM replied 11 months ago.

Thanks for your question. I am a solicitor in Scotland. As the case was continued for a social enquiry report all of this information should be narrated to the social worker who contacts your wife to arrange to see her for the purpose of preparing the report. I suggest that you see the social worker as well so that you can get these points across and they will be mentioned on the report with a recommendation that an alcohol treatment order be made. I take it that is what you want to happen. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.